(2) possessing with intent to use the same unlawfully against another, a dagger, dirk,
billy, blackjack, slungshot, dangerous knife, straight-edged razor, stiletto or any other dangerous
or deadly weapon or instrument of like character;

(3) setting a spring gun;

(4) possessing any device or attachment of any kind designed, used or intended for use in
suppressing the report of any firearm;

(5) selling, manufacturing, purchasing or possessing a shotgun with a barrel less than 18
inches in length, or any firearm designed to discharge or capable of discharging automatically
more than once by a single function of the trigger, whether the person knows or has reason to
know the length of the barrel or that the firearm is designed or capable of discharging
automatically;

(6) possessing, manufacturing, causing to be manufactured, selling, offering for sale,
lending, purchasing or giving away any cartridge which can be fired by a handgun and which has
a plastic-coated bullet that has a core of less than 60% lead by weight, whether the person knows
or has reason to know that the plastic-coated bullet has a core of less than 60% lead by weight;

(7) selling, giving or otherwise transferring any firearm with a barrel less than 12 inches
long to any person under 18 years of age whether the person knows or has reason to know the
length of the barrel;

(8) selling, giving or otherwise transferring any firearms to any person who is both
addicted to and an unlawful user of a controlled substance;

(9) selling, giving or otherwise transferring any firearm to any person who is or has been
a mentally ill person subject to involuntary commitment for care and treatment, as defined in
K.S.A. 59-2946, and amendments thereto, or a person with an alcohol or substance abuse
problem subject to involuntary commitment for care and treatment as defined in K.S.A.
59-29b46, and amendments thereto;

(10) possessing any firearm by a person who is both addicted to and an unlawful user of a
controlled substance;

(11) possessing any firearm by any person, other than a law enforcement officer, in or on
any school property or grounds upon which is located a building or structure used by a unified
school district or an accredited nonpublic school for student instruction or attendance or
extracurricular activities of pupils enrolled in kindergarten or any of the grades 1 through 12 or
at any regularly scheduled school sponsored activity or event whether the person knows or has
reason to know that such person was in or on any such property or grounds;

(12) refusing to surrender or immediately remove from school property or grounds or at
any regularly scheduled school sponsored activity or event any firearm in the possession of any
person, other than a law enforcement officer, when so requested or directed by any duly
authorized school employee or any law enforcement officer;

(13) possessing any firearm by a person who is or has been a mentally ill person subject
to involuntary commitment for care and treatment, as defined in K.S.A. 59-2946, and
amendments thereto, or persons with an alcohol or substance abuse problem subject to
involuntary commitment for care and treatment as defined in K.S.A. 59-29b46, and amendments
thereto; or

(14) possessing a firearm with a barrel less than 12 inches long by any person less than
18 years of age.

(B) severity level 8, nonperson felony upon a second or subsequent conviction.

(c) Subsections (a)(1), (a)(2) and (a)(5) shall not apply to:

(1) Law enforcement officers, or any person summoned by any such officers to assist in
making arrests or preserving the peace while actually engaged in assisting such officer;

(2) wardens, superintendents, directors, security personnel and keepers of prisons,
penitentiaries, jails and other institutions for the detention of persons accused or convicted of
crime, while acting within the scope of their authority;

(3) members of the armed services or reserve forces of the United States or the Kansas
national guard while in the performance of their official duty; or

(4) the manufacture of, transportation to, or sale of weapons to a person authorized under
subsections (c)(1), (c)(2) and (c)(3) to possess such weapons.

(d) Subsections (a)(4) and (a)(5) shall not apply to any person who sells, purchases,
possesses or carries a firearm, device or attachment which has been rendered unserviceable by
steel weld in the chamber and marriage weld of the barrel to the receiver and which has been
registered in the national firearms registration and transfer record in compliance with 26 U.S.C.
5841 et seq. in the name of such person and, if such person transfers such firearm, device or
attachment to another person, has been so registered in the transferee’s name by the transferor.

(f) Subsection (a)(4) shall not apply to a law enforcement officer who is:

(1) Assigned by the head of such officer’s law enforcement agency to a tactical unit
which receives specialized, regular training;

(2) designated by the head of such officer’s law enforcement agency to possess devices
described in subsection (a)(4); and

(3) in possession of commercially manufactured devices which are:

(A) Owned by the law enforcement agency;

(B) in such officer’s possession only during specific operations; and

(C) approved by the bureau of alcohol, tobacco, firearms and explosives of the United
States department of justice.

(g) Subsections (a)(4), (a)(5) and (a)(6) shall not apply to any person employed by a
laboratory which is certified by the United States department of justice, national institute of
justice, while actually engaged in theduties of their employment and on the premises of such
certified laboratory. Subsections (a)(4), (a)(5) and (a)(6) shall not affect the manufacture of,
transportation to or sale of weapons to such certified laboratory.

(h) Subsections (a)(4) and (a)(5) shall not apply to or affect any person or entity in
compliance with the national firearms act, 26 U.S.C. 5801 et seq.

(i) Subsection (a)(11) shall not apply to:

(1) Possession of any firearm in connection with a firearms safety course of instruction
or firearms education course approved and authorized by the school;

(2) possession of any firearm specifically authorized in writing by the superintendent of
any unified school district or the chief administrator of any accredited nonpublic school;

(3) possession of a firearm secured in a motor vehicle by a parent, guardian, custodian or
someone authorized to act in such person’s behalf who is delivering or collecting a student;

(4) possession of a firearm secured in a motor vehicle by a registered voter who is on the
school grounds, which contain a polling place for the purpose of voting during polling hours on
an election day; or

(5) possession of a concealed handgun by an individual who is not prohibited from
possessing a firearm under either federal or state law.

(j) Subsections (a)(9) and (a)(13) shall not apply to a person who has received a
certificate of restoration pursuant to K.S.A. 2010 Supp. 75-7c26, and amendments thereto.

(k) Subsection (a)(14) shall not apply if such person, less than 18 years of age, was:

(1) In attendance at a hunter’s safety course or a firearms safety course;

(2) engaging in practice in the use of such firearm or target shooting at an established
range authorized by the governing body of the jurisdiction in which such range is located or at
another private range with permission of such person’s parent or legal guardian;

(3) engaging in an organized competition involving the use of such firearm, or
participating in or practicing for a performance by an organization exempt from federal income
tax pursuant to section 501(c)(3) of the internal revenue code of 1986 which uses firearms as a
part of such performance;

(4) hunting or trapping pursuant to a valid license issued to such person pursuant to
article 9 of chapter 32 of the Kansas Statutes Annotated, and amendments thereto;

(5) traveling with any such firearm in such person’s possession being unloaded to or
from any activity described in subsections (k)(1) through (k)(4), only if such firearm is secured,
unloaded and outside the immediate access of such person;

(6) on real property under the control of such person’s parent, legal guardian or
grandparent and who has the permission of such parent, legal guardian or grandparent to possess
such firearm; or

(7) at such person’s residence and who, with the permission of such person’s parent or
legal guardian, possesses such firearm for the purpose of exercising the rights contained in
K.S.A. 21-5222, 21-5223, or 21-5225, and amendments thereto.

(l) as used in this section, "throwing star" means any instrument, without handles,
consisting of a metal plate having three or more radiating points with one or more sharp edges
and designed in the shape of a polygon, trefoil, cross, star, diamond or other geometric shape,
manufactured for use as a weapon for throwing.

(2) concealed on one’s person, a billy, blackjack, slungshot, or any other dangerous or
deadly weapon or instrument of like character;

(3) on one’s person or in any land, water or air vehicle, with intent to use the same
unlawfully, a tear gas or smoke bomb or projector or any object containing a noxious liquid, gas
or substance;

(4) any pistol, revolver or other firearm concealed on one’s person if such person is under
21 years of age, except when on such person’s land or in such person’s abode or fixed place of
business; or

(5) a shotgun with a barrel less than 18 inches in length or any other firearm designed to
discharge or capable of discharging automatically more than once by a single function of the
trigger whether the person knows or has reason to know the length of the barrel or that the
firearm is designed or capable of discharging automatically.

(b) Criminal carrying of a weapon as defined in:

(1) Subsections (a)(1), (a)(2), (a)(3) or (a)(4) is a class A nonperson misdemeanor; and

(2) subsection (a)(5) is a severity level 9, nonperson felony.

(c) Subsection (a) shall not apply to:

(1) Law enforcement officers, or any person summoned by any such officers to assist in
making arrests or preserving the peace while actually engaged in assisting such officer;

(2) wardens, superintendents, directors, security personnel and keepers of prisons,
penitentiaries, jails and other institutions for the detention of persons accused or convicted of
crime, while acting within the scope of their authority;

(3) members of the armed services or reserve forces of the United States or the Kansas
national guard while in the performance of their official duty; or

(4) the manufacture of, transportation to, or sale of weapons to a person authorized under
subsections (c)(1), (c)(2) and (c)(3) to possess such weapons.

(d) Subsection (a)(5) shall not apply to:

(1) Any person who sells, purchases, possesses or carries a firearm, device or attachment
which has been rendered unserviceable by steel weld in the chamber and marriage weld of the
barrel to the receiver and which has been registered in the national firearms registration and
transfer record in compliance with 26 U.S.C. 5841 et seq. in the name of such person and, if such
person transfers such firearm, device or attachment to another person, has been so registered in
the transferee’s name by the transferor;

(2) any person employed by a laboratory which is certified by the United States
department of justice, national institute of justice, while actually engaged in the duties of their
employment and on the premises of such certified laboratory. Subsection (a)(5) shall not affect
the manufacture of, transportation to or sale of weapons to such certified laboratory; or

(3) any person or entity in compliance with the national firearms act, 26 U.S.C. 5801 et
seq.

(e) As used in this section, "throwing star" means the same as prescribed by K.S.A. 21-6301, and amendments thereto.

(1) Selling, giving or otherwise transferring any firearm to any person who, within the
preceding five years, has been convicted of a felony, other than those specified in subsection (c),
under the laws of this or any other jurisdiction or has been released from imprisonment for a
felony and was not found to have been in possession of a firearm at the time of the commission
of the felony;

(2) selling, giving or otherwise transferring any firearm to any person who, within the
preceding 10 years, has been convicted of a felony to which this subsection applies, but was not
found to have been in possession of a firearm at the time of the commission of the felony, or has
been released from imprisonment for such a felony, and has not had the conviction of such
felony expunged or been pardoned for such felony; or

(3) selling, giving or otherwise transferring any firearm to any person who has been
convicted of a felony under the laws of this or any other jurisdiction and was found to have been
in possession of a firearm at the time of the commission of the felony.

(b) Criminal distribution of firearms to a felon is a class A nonperson misdemeanor.

(c) Subsection (a)(2) shall apply to a felony under K.S.A. 21-5402, 21-5403, 21-5404,
21-5405, 21-5408, subsection (b) or (d) of 21-5412, subsection (b) or (d) of 21-5413, subsection
(a) of 21-5415, subsection (b) of 21-5420, 21-5503, subsection (b) of 21-5504, subsection (b) of
21-5505, subsection (b) of 21-5807, and amendments thereto, K.S.A. 2010 Supp. 21-36a05 or
21-36a06, and amendments thereto, or K.S.A. 21-3401, 21-3402, 21-3403, 21-3404, 21-3410,
21-3411, 21-3414, 21-3415, 21-3419, 21-3420, 21-3421, 21-3427, 21-3442, 21-3502, 21-3506,
21-3518, 21-3716, 65-4127a, 65-4127b, 65-4160 through 65-4165, prior to their repeal, or a
crime under a law of another jurisdiction which is substantially the same as such felony.

(d) It is not a defense that the distributor did not know or have reason to know:

(1) The precise felony the recipient committed;

(2) that the recipient was in possession of a firearm at the time of the commission of the
recipient’s prior felony; or

(3) that the convictions for such felony have not been expunged or pardoned.

(a) Criminal possession of a weapon by a convicted felon is possession of a weapon by a
person who:

(1) Has been convicted of a person felony or a violation of article 57 of chapter 21 of the
Kansas Statutes Annotated, and amendments thereto, K.S.A. 2010 Supp. 21-36a01 through
21-36a17, prior to their transfer, or any violation of any provision of the uniform controlled
substances act prior to July 1, 2009, or a crime under a law of another jurisdiction which is
substantially the same as such felony or violation, or was adjudicated a juvenile offender because
of the commission of an act which if done by an adult would constitute the commission of a
person felony or a violation of article 57 of chapter 21 of the Kansas Statutes Annotated, and
amendments thereto, K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, or
any violation of any provision of the uniform controlled substances act prior to July 1, 2009, and
was found to have been in possession of a firearm at the time of the commission of the crime;

(2) within the preceding five years has been convicted of a felony, other than those
specified in subsection (a)(3)(A), under the laws of Kansas or a crime under a law of another
jurisdiction which is substantially the same as such felony, has been released from imprisonment
for a felony or was adjudicated as a juvenile offender because of the commission of an act which
if done by an adult would constitute the commission of a felony, and was not found to have been
in possession of a firearm at the time of the commission of the crime; or

of 21-5807, and amendments thereto, K.S.A. 2010 Supp. 21-36a03, 21-36a05, 21-36a06,
21-36a07 or 21-36a09, and amendments thereto; K.S.A. 21-3401, 21-3402, 21-3403, 21-3404,
21-3410, 21-3411, 21-3414, 21-3415, 21-3419, 21-3420, 21-3421, 21-3427, 21-3442, 21-3502,
21-3506, 21-3518, 21-3716, 65-4127a, 65- 4127b, 65-4159 through 65-4165 or 65-7006, prior to
their repeal; an attempt, conspiracy or criminal solicitation as defined in K.S.A. 21-3301,
21-3302 or 21-3303, prior to their repeal, or K.S.A. 21-5301, 21-5302 or 21-5303, and
amendments thereto, of any such felony; or a crime under a law of another jurisdiction which is
substantially the same as such felony, has been released from imprisonment for such felony, or
was adjudicated as a juvenile offender because of the commission of an act which if done by an
adult would constitute the commission of such felony, was not found to have been in possession
of a firearm at the time of the commission of the crime, and has not had the conviction of such
crime expunged or been pardoned for such crime. The provisions of subsection (j)(2) of K.S.A.
2012 Supp. 21-6614, and amendments thereto, shall not apply to an individual who has had a
conviction under this paragraph expunged; or

(B) nonperson felony under the laws of Kansas or a crime under the laws of another
jurisdiction which is substantially the same as such non-person felony, has been released from
imprisonment for such nonperson felony or was adjudicated as a juvenile offender because of the
commission of an act which if done by an adult would constitute the commission of a nonperson
felony, and was found to have been in possession of a firearm at the time of the commission of
the crime.

(b) Criminal possession of a weapon by a convicted felon is a severity level 8, nonperson
felony.

(c) As used in this section:

(1) "Knife" means a dagger, dirk, switchblade, stiletto, straight-edged razor or any other
dangerous or deadly cutting instrument of like character; and

(a) Aggravated weapons violation by a convicted felon is a violation of any of the
provisions of subsections (a)(1) through (a)(6) of 21-6301 or 21-6302, and amendments thereto,
by a person who:

(1) Within five years preceding such violation has been convicted of a nonperson felony
under the laws of Kansas or in any other jurisdiction which is substantially the same as such
crime or has been released from imprisonment for such nonperson felony; or

(2) has been convicted of a person felony under the laws of Kansas or in any other
jurisdiction which is substantially the same as such crime or has been released from
imprisonment for such crime, and has not had the conviction of such crime expunged or been
pardoned for such crime.

(b) (1) Aggravated weapons violation by a convicted felon is a severity level 9,
nonperson felony for a violation of subsections (a)(1) through (a)(5) or subsection (a)(9) of
K.S.A. 21-4201, prior to its repeal, or subsection (a)(1) through (a)(3) of 21-6301 or subsection
(a)(1) through (a)(4) of 21-6302, and amendments thereto.

(2) Aggravated weapons violation is a severity level 8, nonperson felony for a violation
of subsections (a)(6), (a)(7) and (a)(8) of K.S.A. 21-4201, prior to its repeal, or subsection (a)(4)
through (a)(6) of 21-6301 or subsection (a)(5) of 21-6302, and amendments thereto.

(a) Defacing identification marks of a firearm is intentionally changing, altering,
removing or obliterating the name of the maker, model, manufacturer’s number or other mark of
identification of any firearm.

(c) Possession of any firearm upon which any such mark has been intentionally changed,
altered, removed or obliterated shall be prima facie evidence that the possessor has changed,
altered, removed or obliterated the same.

(A) At a dwelling, building or structure in which there is a human being whether the
person discharging the firearm knows or has reason to know that there is a human being present;

(B) at a motor vehicle, aircraft, watercraft, train, locomotive, railroad car, caboose,
rail-mounted work equipment or rolling stock or other means of conveyance of persons or
property in which there is a human being whether the person discharging the firearm knows or
has reason to know that there is a human being present;

(2) reckless and unauthorized discharge of any firearm at a dwelling in which there is no
human being; or

(3) discharge of any firearm:

(A) Upon any land or nonnavigable body of water of another, without having obtained
permission of the owner or person in possession of such land; or

(B) upon or from any public road, public road right-of-way or railroad right-of-way
except as otherwise authorized by law.

(B) severity level 3, person felony if such criminal discharge results in great bodily harm
to a person during the commission thereof; or

(C) severity level 5, person felony if such criminal discharge results in bodily harm to a
person during the commission thereof;

(2) subsection (a)(2) is a severity level 8, person felony; and

(3) subsection (a)(3) is a class C misdemeanor.

(c) Subsection (a)(1) shall not apply if the act is a violation of K.S.A. 2014 Supp. 21-5412(d), and amendments thereto.

(d) Subsection (a)(3) shall not apply to any of the following:

(1) Law enforcement officers, or any person summoned by any such officers to assist in
making arrests or preserving the peace while actually engaged in assisting such officer;

(2) wardens, superintendents, directors, security personnel and keepers of prisons,
penitentiaries, jails and other institutions for the detention of persons accused or convicted of
crime, while acting within the scope of their authority;

(3) members of the armed services or reserve forces of the United States or the national
guard while in the performance of their official duty;

(4) watchmen, while actually engaged in the performance of the duties of their
employment;

(5) private detectives licensed by the state to carry the firearm involved, while actually
engaged in the duties of their employment;

(6) detectives or special agents regularly employed by railroad companies or other
corporations to perform full-time security or investigative service, while actually engaged in the
duties of their employment;

(7) the state fire marshal, the state fire marshal’s deputies or any member of a fire
department authorized to carry a firearm pursuant to K.S.A. 31-157, and amendments thereto,
while engaged in an investigation in which such fire marshal, deputy or member is authorized to
carry a firearm pursuant to K.S.A. 31-157, and amendments thereto; or

(8) the United States attorney for the district of Kansas, the attorney general, or any
district attorney or county attorney, while actually engaged in the duties of their employment
or any activities incidental to such duties; any assistant United States attorney if authorized by
the United States attorney for the district of Kansas and while actually engaged in the duties of
their employment or any activities incidental to such duties; any assistant attorney general if
authorized by the attorney general and while actually engaged in the duties of their employment
or any activities incidental to such duties; or any assistant district attorney or assistant county
attorney if authorized by the district attorney or county attorney by whom such assistant is
employed and while actually engaged in the duties of their employment or any activities
incidental to such duties.

(a) Unlawful discharge of a firearm is the reckless discharge of a firearm within or into
the corporate limits of any city.

(b) This section shall not apply to the discharge of any firearm within or into the
corporate limits of any city if:

(1) The firearm is discharged in the lawful defense of one’s person, another person or
one’s property;

(2) the firearm is discharged at a private or public shooting range;

(3) the firearm is discharged to lawfully take wildlife unless prohibited by the department
of wildlife, parks and tourism or the governing body of the city;

(4) the firearm is discharged by authorized law enforcement officers, animal control
officers or a person who has a wildlife control permit issued by the Kansas department of
wildlife, parks and tourism;

(5) the firearm is discharged by special permit of the chief of police or by the sheriff
when the city has no police department;

(6) the firearm is discharged using blanks; or

(7) the firearm is discharged in lawful self-defense or defense of another person against
an animal attack.

(c) A violation of subsection (a) shall be a class B nonperson misdemeanor.

History: L. 2013, ch. 105,§ 1; July 1.

21-6309. Unauthorized possession of a firearm on the grounds of or within certain state-owned or leased buildings and county courthouses.

(a) It shall be unlawful to possess, with no requirement of a culpable mental state, a
firearm:

(1) Within any building located within the capitol complex;

(2) within the governor’s residence;

(3) on the grounds of or in any building on the grounds of the governor’s residence;

(4) within any other state-owned or leased building if the secretary of administration has
so designated by rules and regulations and conspicuously placed signs clearly stating that
firearms are prohibited within such building; or

(5) within any county courthouse, unless, by county resolution, the board of county
commissioners authorize the possession of a firearm within such courthouse.

(b) Violation of this section is a class A misdemeanor.

(c) This section shall not apply to:

(1) A commissioned law enforcement officer;

(2) a full-time salaried law enforcement officer of another state or the federal government
who is carrying out official duties while in this state;

(3) any person summoned by any such officer to assist in making arrests or preserving
the peace while actually engaged in assisting such

(4) a member of the military of this state or the United States engaged in the performance
of duties.

(d) It is not a violation of this section for:

(1) The Governor, the governor’s immediate family, or specifically authorized guest of
the governor to possess a firearm within the governor’s residence or on the grounds of or in any
building on the grounds of the governor’s residence;

(2) the United States attorney for the district of Kansas, the attorney general, any district
attorney or county attorney, any assistant United States attorney if authorized by the United
States attorney for the district of Kansas, any assistant attorney general if authorized by the
attorney general, or any assistant district attorney or assistant county attorney if authorized by
the district attorney or county attorney by whom such assistant is employed, to possess a firearm
within any county courthouse and court-related facility, subject to any restrictions or prohibitions
imposed in any courtroom by the chief judge of the judicial district;

(3) law enforcement officers as that term is defined in K.S.A. 2014 Supp. 75-7c22, and
amendments thereto, who satisfy the requirements of either 2014 Supp. 75-7c22(a) or (b), and
amendments thereto, to possess a firearm; or

(4) an individual to possess a concealed handgun provided such individual is not
prohibited from possessing a firearm under either federal or state law.

(e) Notwithstanding the provisions of this section, any county may elect by passage of a
resolution that the provisions of subsection (d)(2) shall not apply to such county’s courthouse or
court-related facilities if such:

(1) Buildings have adequate security measures to ensure that no weapons are permitted to
be carried into such buildings;

(2) county also has a policy or regulation requiring all law enforcement officers to secure
and store such officer’s firearm upon entering the courthouse or court-related facility. Such
policy or regulation may provide that it does not apply to court security or sheriff’s office
personnel for such county; and

(3) buildings have a sign conspicuously posted at each entryway into such facility stating
that the provisions of subsection (d)(2) do not apply to such building.

(f) As used in this section:

(1) "Adequate security measures" shall have the same meaning as the term is defined in
K.S.A. 2014 Supp. 75-7c20 and amendments thereto;

(2) "possession" means having joint or exclusive control over a firearm or having a
firearm in a place where the person has some measure of access and right of control; and

(3) "capitol complex" means the same as in K.S.A. 75-4514, and amendments thereto.

(g) For the purposes of subsections (a)(1), (a)(4) and (a)(5), "building" and "courthouse"
shall not include any structure, or any area of any structure, designated for the parking of motor
vehicles.

(a) Unlawful endangerment is knowingly protecting or attempting to protect the
manufacture or cultivation of a controlled substance by creating, setting up, building, erecting or
using any device or weapon which:

(1) Causes great bodily harm;

(2) causes bodily harm; or

(3) is intended to cause bodily harm to another person.

(b) Unlawful endangerment as defined in:

(1) Subsection (a)(1) is a severity level 5, person felony;

(2) subsection (a)(2) is a severity level 7, person felony; and

(3) subsection (a)(3) is a severity level 8, nonperson felony.

(c) A person who violates the provisions of this section may also be prosecuted for,
convicted of, and punished for battery.

(d) As used in this section, "manufacture" and "cultivation" mean the same as in K.S.A.
2009 Supp. 21-36a01, and amendments thereto.

(a) Failure to register explosives is, with no requirement of a culpable mental state, the
omission by:

(1) The seller of any explosive or detonating substance, to keep a register of every sale
or other disposition of such explosives made by the seller as required by this section; or

(2) any person to whom delivery of any quantity of explosive or other detonating
substance is made, to acknowledge the receipt thereof by signing the person’s name in the
register provided in subsection (c) on the page where the record of such delivery is entered.

(b) Failure to register explosives as defined in:

(1) Subsection (a)(1) is a class B nonperson misdemeanor; and

(2) subsection (a)(2) is a class C misdemeanor.

(c) The register of sales required by subsection (a)(1) shall contain the date of the sale
or other disposition, the name, address, age and occupation of the person to whom the explosive
is sold or delivered, the kind and amount of explosive delivered, the place at which it is to be
used and for what purpose it is to be used. Such register and record of sale or other disposition
shall be open for inspection by any law enforcement officer, mine inspector or fire marshal of
this state for a period of not less than one year after the sale or other disposition.

(a) Criminal possession of explosives is the possession of any explosive or detonating
substance by a person who, within five years preceding such possession, has been convicted of a
felony under the laws of this or any other jurisdiction or has been released from imprisonment
for a felony.

(b) Criminal disposal of explosives is knowingly and without lawful authority
distributing any explosive or detonating substance to a person:

(1) Under 21 years of age, regardless of whether the seller, donor or transferor knows the
age of such person;

(2) who is both addicted to and an unlawful user of a controlled substance; or

(3) who, within the preceding five years, has been convicted of a felony under the laws
of this or any other jurisdiction or has been released from imprisonment for a felony.

(c) Carrying concealed explosives is carrying any explosive or detonating substance on
the person in a wholly or partly concealed manner.

(e) As used in subsections (a) and (b), "explosives" means any chemical compound,
mixture or device, of which the primary purpose is to function by explosion, and includes, but is
not limited to, dynamite and other high explosives, black powder, pellet powder, initiating
explosives, detonators, safety fuses, squibs, detonating cord, igniter cord and igniters.

(2) having as one of its primary activities the commission of one or more person felonies,
person misdemeanors, felony violations of K.S.A. 2010 Supp. 21-36a01 through 21-36a17, and
amendments thereto, any felony violation of any provision of the uniform controlled substances
act prior to July 1, 2009, or the comparable juvenile offenses, which if committed by an adult
would constitute the commission of such felonies or misdemeanors;

(3) which has a common name or common identifying sign or symbol; and

(4) whose members, individually or collectively, engage in or have engaged in the
commission, attempted commission, conspiracy to commit or solicitation of two or more person
felonies, person misdemeanors, felony violations of K.S.A. 2010 Supp. 21-36a01 through
21-36a17, and amendments thereto, any felony violation of any provision of the uniform
controlled substances act prior to July 1, 2009, the comparable juvenile offenses, which if
committed by an adult would constitute the commission of such felonies or misdemeanors or any
substantially similar offense from another jurisdiction;

(b) "criminal street gang member" is a person who:

(1) Admits to criminal street gang membership; or

(2) meets three or more of the following criteria:

(A) Is identified as a criminal street gang member by a parent or guardian;

(B) is identified as a criminal street gang member by a state, county or city law
enforcement officer or correctional officer or documented reliable informant;

(C) is identified as a criminal street gang member by an informant of previously untested
reliability and such identification is corroborated by independent information;

(D) frequents a particular criminal street gang’s area;

(E) adopts such gang’s style of dress, color, use of hand signs or tattoos;

(F) associates with known criminal street gang members;

(G) has been arrested more than once in the company of identified criminal street gang
members for offenses which are consistent with usual criminal street gang activity;

(H) is identified as a criminal street gang member by physical evidence including, but not
limited to, photographs or other documentation;

(I) has been stopped in the company of known criminal street gang members two or more
times; or

(J) has participated in or undergone activities self-identified or identified by a reliable
informant as a criminal street gang initiation ritual;

(c) "criminal street gang activity" means the commission or attempted commission of, or
solicitation or conspiracy to commit, one or more person felonies, person misdemeanors, felony
violations of K.S.A. 2010 Supp. 21-36a01 through 21-36a17, and amendments thereto, any
felony violation of any provision of the uniform controlled substances act prior to July 1, 2009,
or the comparable juvenile offenses, which if committed by an adult would constitute the
commission of such felonies or misdemeanors on separate occasions;

(d) "criminal street gang associate" means a person who:

(1) Admits to criminal street gang association; or

(2) meets two or more defining criteria for criminal street gang membership described in
subsection (b)(2); and

(e) for purposes of law enforcement identification and tracking only "gang-related
incident" means an incident that, upon investigation, meets any of the following conditions:

(1) The participants are identified as criminal street gang members or criminal street gang
associates, acting, individually or collectively, to further any criminal purpose of the gang;

(2) a state, county or city law enforcement officer or correctional officer or reliable
informant identifies an incident as criminal street gang activity; or

(3) an informant of previously untested reliability identifies an incident as criminal street
gang activity and it is corroborated by independent information.

(a) Recruiting criminal street gang membership is intentionally causing, encouraging,
soliciting or recruiting another person to join a criminal street gang that requires, as a condition
of membership or continued membership, the commission of any crime or membership initiation
by submission to a sexual or physical assault that is criminal in nature, or would be criminal
absent consent by the initiated.

(a) Criminal street gang intimidation is the communication, directly or indirectly with
another, any threat of personal injury or actual personal injury to another or any threat of damage
or actual damage to property of another with the intent to:

(1) Deter such person from assisting a criminal street gang member or associate to
withdraw from such criminal street gang; or

(2) punish or retaliate against such person for having withdrawn from a criminal street
gang.

When a criminal street gang member is arrested for a person felony, bail shall be at least
$50,000 cash or surety, and such person shall not be released upon the person’s own
recognizance pursuant to K.S.A. 22-2802, and amendments thereto, unless the court determines
on the record that the defendant is not likely to reoffend, an appropriate intensive pre-trial
supervision program is available and the defendant agrees to comply with the mandate of such
pre-trial supervision.

(1) Bringing into this state any domestic animal which is infected with any contagious or
infectious disease or any animal which has been exposed to any contagious or infectious disease;

(2) exposing any animal in this state to any contagious or infectious disease;

(3) except as permitted under K.S.A. 2-2112 et seq., and amendments thereto, bringing
or releasing into this state any plant pest as defined in K.S.A. 2-2113, and amendments thereto,
or exposing any plant to a plant pest; or

(4) exposing any raw agricultural commodity, animal feed or processed food to any
contaminant or contagious or infectious disease.

(b) Aggravated endangering the food supply is endangering the food supply, as defined
in subsection (a), when done with the intent to cause:

(1) Damage to plants or animals or to cause economic harm or social unrest; or

(2) illness or injury or death to a human being or beings.

(c) (1) Endangering the food supply is a:

(A) Class A nonperson misdemeanor, except as provided in subsection (c)(1)(B); and

(d) The provisions of this section shall not apply to bona fide experiments and actions
related thereto carried on by commonly recognized research facilities.

(e) As used in this section:

(1) "Animal feed" means an article which is intended for use for food for animals other
than humans and which is intended for use as a substantial source of nutrients in the diet of the
animal, and is not limited to a mixture intended to be the sole ration of the animal;

(3) "processed food" means any food other than a raw agricultural commodity and
includes any raw agricultural commodity that has been subject to processing, such as canning,
cooking, freezing, dehydration or milling; and

(4) "raw agricultural commodity" means any food in its raw or natural state, including all
fruits that are washed, colored or otherwise treated in their unpeeled natural form prior to
marketing.

(1) Storing or abandoning, in any place accessible to children, a container which has a
compartment of more than one and one-half cubic feet capacity and a door or lid which locks or
fastens automatically when closed and which cannot be easily opened from the inside, and
failing to remove the door, lock, lid or fastening device on such container;

(2) being the owner or otherwise having possession of property upon which a cistern,
well or cesspool is located, and failing to cover the same with protective covering of sufficient
strength and quality to exclude human beings and domestic animals therefrom; or

(3) exposing, abandoning or otherwise leaving any explosive or dangerous substance in a
place accessible to children.

(a) Unlawful failure to report a wound is, with no requirement of a culpable mental state,
the failure by an attending physician or other person to report such person’s treatment of any of
the following wounds, to the office of the chief of police of the city or the office of the sheriff of
the county in which such treatment took place:

(1) Any bullet wound, gunshot wound, powder burn or other injury arising from or
caused by the discharge of a firearm; or

(2) any wound which is likely to or may result in death and is apparently inflicted by a
knife, ice pick or other sharp or pointed instrument.

(a) Selling beverage containers with detachable tabs is knowingly selling or offering for
sale at retail in this state any metal beverage container so designed and constructed that a part of
the container is detachable in opening the container.

(1) "Beverage container" means any sealed can containing beer, cereal malt beverages,
mineral waters, soda water and similar soft drinks so designated by the director of alcoholic
beverage control, in liquid form and intended for human consumption; and

(2) "in this state" means within the exterior limits of the state of Kansas and includes all
territory within these limits owned by or ceded to the United States of America.

(1) Use any alcohol without liquid machine to inhale alcohol vapor or otherwise
introduce alcohol in any form into the human body; or

(2) purchase, sell or offer for sale an alcohol without liquid machine.

(b) Violation of this section is a class A nonperson misdemeanor.

(c) As used in this section, "alcohol without liquid machine" means a device designed or
marketed for the purpose of mixing alcohol with oxygen or another gas to produce a mist for
inhalation for recreational purposes.

(a) Refusal to yield a telephone party line is intentionally refusing to immediately yield
or surrender the use of a party line when informed that the line is needed for an emergency call
to a fire department or police department or for medical aid or ambulance service.

(b) Refusal to yield a telephone party line is a class C misdemeanor.

(c) No person shall request the use of a party line on the pretext that an emergency
exists, knowing that no emergency in fact exists.

(d) Every telephone directory published for distribution to members of the general public
shall contain a notice setting forth a summary of the provisions of this section. Such notice shall
be printed in type which is no smaller than any other type on the same page and shall be
preceded by the word "WARNING." The provisions of this subsection shall not apply to those
directories distributed solely for business advertising services, commonly known as classified
directories.

(e) As used in this section:

(1) "Party line" means a subscriber’s line telephone circuit, consisting of two or more
main telephone stations connected therewith, each station with a distinctive ring or telephone
number; and

(2) "emergency" means a situation in which property or human life is in jeopardy and the
prompt summoning of aid is essential.

(d) As used in this section, "traffic control signal preemption device" means any device,
instrument or mechanism designed, intended or used to interfere with the operation or cycle of a
traffic-control signal, as defined in K.S.A. 8-1478, and amendments thereto.

(e) A person who violates the provisions of this section may also be prosecuted for,
convicted of, and punished for battery or any homicide.

K.S.A. 21-6327 through 21-6331, and amendments thereto, shall be known and may be
cited as the Kansas racketeer influenced and corrupt organization act (Kansas RICO act).

History: L. 2013, ch. 78, § 1; July 1.

21-6328. Kansas RICO Act; definitions.

As used in the Kansas racketeer influenced and corrupt organization act:

(a) "Beneficial interest" means:

(1) The interest of a person as a beneficiary under any trust arrangement pursuant to
which a trustee holds legal or record title to real property for the benefit of such person; or

(2) the interest of a person under any other form of express fiduciary arrangement
pursuant to which any other person holds legal or record title to real property for the benefit of
such person. The term "beneficial interest" does not include the interest of a stock holder in a
corporation or the interest of a partner in either a general partnership or a limited partnership. A
beneficial interest shall be deemed to be located where the real property owned by the trustee is
located.

(b) "Covered person" means any person who:

(1) Is a criminal street gang member or criminal street gang associate, as defined in
K.S.A. 2012 Supp. 21-6313, and amendments thereto;

(2) has engaged in or is engaging in any conduct prohibited by K.S.A. 2012 Supp.
21-5426, and amendments thereto, human trafficking or aggravated human trafficking or K.S.A.
2014 Supp. 21-6422, and amendments thereto, commercial sexual exploitation of a child; or

(3) has engaged in or is engaging in any conduct prohibited by K.S.A. 2012 Supp.
21-5703, and amendments thereto, unlawful manufacturing of controlled substances, or K.S.A.
2012 Supp. 21-5705, and amendments thereto, unlawful cultivation or distribution of controlled
substances.

(c) "Documentary material" means any book, paper, document, writing, drawing, graph,
chart, photograph, phonorecord, magnetic tape, computer printout, other data compilation from
which information can be obtained or from which information can be translated into usable form,
or other tangible item.

(d) "Enterprise" means any individual, sole proprietorship, partnership, corporation,
business trust, union chartered under the laws of this state, or other legal entity, or any
unchartered union, association, or group of individuals associated in fact although not a legal
entity; and it includes illicit as well as licit enterprises and governmental, as well as other,
entities. A criminal street gang, as defined in K.S.A. 2012 Supp. 21-6313, and amendments
thereto, constitutes an enterprise.

(e) "Pattern of racketeering activity" means engaging in at least two incidents of
racketeering activity that have the same or similar intents, results, accomplices, victims or
methods of commission or that otherwise are interrelated by distinguishing characteristics and
are not isolated incidents, provided at least one of such incidents occurred after the effective date
of this act and that the last of such incidents occurred within 5 years, excluding any period of
imprisonment, after a prior incident of racketeering activity.

(f) "Racketeering activity" means to commit, attempt to commit, conspire to commit or to
solicit, coerce or intimidate another person to commit:

(g) "Real property" means any real property or any interest in such real property,
including, but not limited to, any lease of or mortgage upon such real property.

(h) "Trustee" means:

(1) Any person acting as trustee pursuant to a trust in which the trustee holds legal or
record title to real property;

(2) any person who holds legal or record title to real property in which any other person
has a beneficial interest; or

(3) any successor trustee or trustees to any or all of the foregoing persons.

The term "trustee" does not include any person appointed or acting as a personal
representative as defined in K.S.A. 59-102, and amendments thereto, or appointed or acting as a
trustee of any testamentary trust or as a trustee of any indenture of trust under which any bonds
have been or are to be issued.

(i) "Unlawful debt" means any money or other thing of value constituting principal or
interest of a debt that is legally unenforceable in this state in whole or in part because the debt
was incurred or contracted:

(1) Who has recklessly received any proceeds derived, directly or indirectly, from a
pattern of racketeering activity or through the collection of an unlawful debt to use or invest,
whether directly or indirectly, any part of such proceeds, or the proceeds derived from the
investment or use thereof, in the acquisition of any title to, or any right, interest, or equity in, real
property or in the establishment or operation of any enterprise;

(2) through a pattern of racketeering activity or through the collection of an unlawful
debt, to recklessly acquire or maintain, directly or indirectly, any interest in or control of any
enterprise or real property; or

(3) employed by, or associated with, any enterprise to conduct or participate, directly or
indirectly, in such enterprise through a pattern of racketeering activity or the collection of an
unlawful debt.

(b) It is not unlawful for a covered person to violate subsection (a) through the collection
of an unlawful debt if such person was not a participant in a violation described in subsection (i)
of K.S.A. 2013 Supp. 21-6328, and amendments thereto, which created such unlawful debt.

(c) Violation of this section or conspiracy to commit a violation of this section is a
severity level 2, person felony.

(d) The provisions of subsection (d) of K.S.A. 2012 Supp. 21-5302, and amendments
thereto, shall not apply to conspiracy to commit a violation of this section.

(e) (1) Notwithstanding the provisions of K.S.A. 2012 Supp. 21-6611, and amendments
thereto, any person convicted of engaging in conduct in violation of this section, through which
the person derived pecuniary value, or by which the person caused personal injury or property
damage or other loss, may be sentenced to pay a fine that does not exceed three times the gross
value gained or three times the gross loss caused, whichever is the greater, plus court costs and
the costs of investigation and prosecution, reasonably incurred.

(2) The court shall hold a hearing to determine the amount of the fine authorized by this
subsection.

(3) For the purposes of this subsection, "pecuniary value" means:

(A) Anything of value in the form of money, a negotiable instrument, or a commercial
interest or anything else the primary significance of which is economic advantage; and

(B) any other property or service that has a value in excess of $100.

(f) For persons arrested and charged under this section, bail shall be at least $50,000 cash
or surety, and such person shall not be released upon the person’s own recognizance pursuant to
K.S.A. 22-2802, and amendments thereto, unless the court determines on the record that the
defendant is not likely to re-offend, an appropriate intensive pretrial supervision program is
available and the defendant agrees to comply with the mandate of such pretrial supervision.

(4) (a) Any district court may, after making due provision for the rights of innocent
persons, enjoin violations of the provisions of section 3, and amendments thereto, by issuing
appropriate orders and judgments, including, but not limited to:

(1) Ordering any defendant to divest such defendant of any interest in any enterprise,
including real property.

(2) Imposing reasonable restrictions upon the future activities or investments of any
defendant, including, but not limited to, prohibiting any defendant from engaging in the same
type of endeavor as the enterprise in which the defendant was engaged in violation of the
provisions of section 3, and amendments thereto.

(3) Ordering the dissolution or reorganization of any enterprise.

(4) Ordering the suspension or revocation of a license, permit, or prior approval granted
to any enterprise by any agency of the state.

(5) Ordering the forfeiture of the charter of a corporation organized under the laws of the
state, or the revocation of a certificate authorizing a foreign corporation to conduct business
within the state, upon finding that the board of directors or a managerial agent acting on behalf
of the corporation, in conducting the affairs of the corporation, has authorized or engaged in
conduct in violation of section 3, and amendments thereto, and that, for the prevention of future
criminal activity, the public interest requires the charter of the corporation forfeited and the
corporation dissolved or the certificate revoked.

(b) All property, real or personal, including money, used in the course of, intended for
use in the course of, derived from, or realized through conduct in violation of a provision of the
Kansas racketeer influenced and corrupt organization act is subject to civil forfeiture pursuant to
the Kansas standard asset seizure and forfeiture act, K.S.A. 60-4101 et seq., andamendments
thereto.

21-6331. Kansas RICO act; inquisitions.

(a) For the purposes of this section, "attorney" means the attorney general, assistant
attorney general, county attorney or district attorney, or in the absence of the county or district
attorney, a designated assistant county or district attorney. If an assistant county or district
attorney is designated by the county or district attorney for the purposes of this section, such
designation shall be filed with the chief judge of such judicial district.

(b) If an attorney is informed or has knowledge that a person or other enterprise has
engaged in, or is engaging in, activity in violation of the Kansas racketeer influenced and corrupt
organization act, such attorney shall be authorized to administer oaths or affirmations, subpoena
witnesses or material, and collect evidence relating to such activity.

(c) An attorney may apply ex parte to the district court of the district in which a
subpoenaed person or entity resides, is found or transacts business, for an order directing that the
subpoenaed person or entity not disclose the existence of the subpoena to any other person or
entity exceptthe subpoenaed person’s attorney for a period of 90 days, which time may be
extended by the court for good cause shown by the attorney. The order shall be served with the
subpoena, and the subpoena shall include a reference to the order and a notice to the recipient of
the subpoena that disclosure of the existence of the subpoena to any other person or entity in
violation of the order may subject the subpoenaed person or entity to punishment for contempt of
court. Such an order may be granted by the court only upon a showing:

(1) Of sufficient factual grounds to reasonably indicate a violation of the Kansas
racketeer influenced and corrupt organization act;

(2) that the documents or testimony sought appear reasonably calculated to lead to the
discovery of admissible evidence; and

(3) of facts which reasonably indicate that disclosure of the subpoena would hamper or
impede the investigation or would result in a flight from prosecution.

(d) If information or evidence that the attorney seeks to obtain by the subpoena is located
outside the state, the person or enterprise subpoenaed may make such information or evidence
available to the attorney or such attorney’s representative for examination at the place where
such information or evidence is located. The attorney may designate representatives, including
officials of the jurisdiction in which the information or evidence is located, to inspect the
information or evidence on such attorney’s behalf and may respond to similar requests from
officials of other jurisdictions.

(e) Upon failure of a person or enterprise, without lawful excuse, to obey a subpoena
issued under this section or a subpoena issued in the course of a civil proceeding instituted
pursuant to section 4, and amendments thereto, and after reasonable notice to such person or
enterprise, the attorney may apply to the district court in which such civil proceeding is pending
or, if no civil proceeding is pending, to the district court of the judicial district in which such
person or enterprise resides, is found or transacts business for an order compelling compliance.
Except in a prosecution for perjury, an individual who complies with a court order to provide
testimony or material after asserting a privilege against self-incrimination to which such
individual is entitled by law shall not have the testimony or material so provided, or evidence
derived therefrom, received against such individual in any criminal investigation or proceeding.

(f) A person who fails to obey a court order entered pursuant to this section may be
adjudged in contempt of court and punished by fine and imprisonment.